Yeoman v. Brown

I voted to grant the motion for panel review because I believe that the outcome in this case is reasonably debatable and should be decided by a panel.1 The appellant has raised, through counsel, substantive issues of first impression, including the appropriateness of the use of Iowa state law by the Board of Veterans’ Appeals (BVA or Board) in finding that the injuries he sustained in a motor vehicle accident on November 3, 1990, were the result of his own “willful misconduct” under 38 C.F.R. § 3.1(n) (1996).

The Board grounded its July 1995 decision on two separate and independent bases for…